Attorney General James Secures $1.5 Million From Online Sports Retailer Fanatics for Under Collecting Sales Tax

 

Fanatics Failed to Collect and Remit Sales Tax on Certain Internet Sales in NYS

 New York Attorney General Letitia James today announced she has secured $1,508,466 from sports merchandise and memorabilia retailer Fanatics, Inc. and its affiliates for knowingly under-collecting on sales tax on online sales. An investigation by the Office of the Attorney General (OAG) found that Fanatics’ sales tax collection system periodically failed to calculate the correct amount of sales tax due to New York state and to various local governments on sales made through websites managed by Fanatics, and that the company was aware of this failure for at least three years but still did nothing to rectify the issue. As a result, Fanatics’ periodic sales tax returns understated the amount of sales tax due to the state.

“When a company doesn’t properly calculate and charge sales tax, they cheat every taxpayer across the state,” said Attorney General James. “Over the course of years, Fanatics failed to deliver more than $1 million in sales tax they were required to collect and pay over to the state. No company is above the law, which is why New Yorkers can trust that I will hold accountable those who skirt their responsibilities and try to illegally tilt the playing field.”

Fanatics sells licensed sports merchandise and memorabilia online, through websites it operates. In 2013, Fanatics launched a new third-party tax computation system for its websites and also developed a back-up solution (the “back-up table”) in the event that the new tax service failed. If utilized, the back-up table would apply a single default statewide sales tax rate to all sales that did not account for local sales tax rates or exemptions from tax for particular items. Fanatics’ back-up table’s default sales tax rate for New York state changed over time: Initially set at four percent, then set to zero percent from July 2013 to November 2015, after which it was changed back to four percent.

However, the default tax rate did not always reflect applicable local sales tax at the time and, for certain purchases where no exemptions were applicable, sometimes did not reflect applicable state sales tax. As a result, when the third-party computation system periodically failed, some of the transactions that defaulted to a back-up table rate was too low, and Fanatics, consequently, under-collected both applicable New York state and local sales taxes.

In September 2014, Fanatics became aware that its new tax collection system did periodically fail, and that the back-up table took over during those times. It was also made aware that the back-up table did not always calculate the correct amount of tax due, but, nonetheless, did not fully correct these issues for several years, until December 2017.

The OAG’s investigation began after a whistleblower filed a qui tam complaint under the New York False Claims Act. The New York False Claims Act allows private persons to file civil actions on behalf of the government and to share in any recovery.  

Defendant Pleads Guilty to Attempting to Provide Material Support to ISIS and Al-Nusra Front

 

Dilshod Khusanov Provided Money to Fund Travel of a Brooklyn Resident to Wage Jihad in Syria

 Dilshod Khusanov pleaded guilty today to attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS) and Al-Nusra Front (ANF).  The proceeding was held before United States District Court Judge William F. Kuntz, II.  When sentenced, Khusanov faces 11 years’ imprisonment pursuant to the terms of his plea agreement with the government.  As part of his plea agreement, the defendant agrees to the entry of an order of removal so he will be removed from the country after completing his sentence.

Breon Peace, United States Attorney for the Eastern District of New York; Mark J. Lesko, Acting Assistant Attorney General for the Justice Department’s National Security Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the guilty plea.

“With today’s plea, Khusanov admits to providing financial support to individuals seeking to travel to Syria to join a violent foreign terrorist organization that seeks to wage war on the United States and other countries,” stated United States Attorney Peace.  “This Office will continue to work tirelessly with its local, national and international law enforcement partners to eliminate the threat of terrorist violence posed by ISIS and ANF.”

"Khusanov’s guilty plea is the final step toward wrapping up this years-long case in which the FBI’s Joint Terrorism Task Force worked tirelessly—as they always do—to keep the citizens of our city and our country safe from potential terrorist acts,” stated FBI Assistant Director-in-Charge Driscoll.  “Khusanov now awaits his fate for his willingness to provide support to ISIS and the Al-Nusra Front. This is not the end, however, of the FBI’s continued efforts—along with those of our partners—to diminish the threats posed by terrorists and would-be terrorists worldwide.”

“Money is the oxygen that feeds the flame of any organized terrorist activity. This case makes it clear that whether you are a terrorist bomber, a planner, or simply the facilitator who raises the money to pay for their travel, you will be a target of the New York Joint Terrorism Task Force.  They are the most experienced detectives and agents in the country in these cases,” stated NYPD Commissioner Shea.

As set forth in court filings, Khusanov encouraged individuals to travel to Syria to wage violent jihad, or holy war in 2014 and 2015. For example, on September 28, 2014, Khusanov urged co-conspirator Akmal Zakirov to engage in jihad: “I hope that the only [reason] that is preventing you from jihad is some mistakes and flaws that are occurring among” the other fighters. Khusanov explained that it would be better to help those fighters, rather than criticize them.

Later in 2014, two Brooklyn residents, Abdurasul Juraboev and Akhror Saidakhmetov, began planning to travel to Syria to fight for ISIS.  A group of individuals in a domestic network based in New York and elsewhere, including Khusanov, worked together to raise and contribute money to help fund that trip to Syria.  In February 2015, Abror Habibov, Zakirov, Azizjon Rakhmatov, and Dilkhayot Kasimov discussed providing money to support Saidakhmetov’s travel and expenses in Syria.  Rakhmatov and Zakirov also agreed to solicit money from others to fund Saidakhmetov’s travel.  Zakirov contacted Khusanov, then-based in Illinois, and asked him to contribute money for Saidakhmetov’s travel and to ask another individual to contribute money as well.  Khusanov agreed and arranged for money to be deposited in Zakirov’s bank account before Saidakhmetov’s scheduled departure.  Saidakhmetov was arrested in February 2015 at John F. Kennedy International Airport, as he boarded a plane bound for Istanbul, Turkey, a transit point for foreign fighters bound for Syria.

Khusanov is the last charged defendant in this plot to be convicted.  Juraboev, Saidakhmetov, Habibov, Zakirov and Rakhmatov previously pleaded guilty, and Kasimov was convicted at trial.  Juraboev and Saidakhmetov each were sentenced to 15 years’ imprisonment, and Rakhmatov was sentenced to 12 ½ year’s imprisonment.  Habibov, Kasimov and Zakirov are awaiting sentencing.

Governor Hochul Signs Two Pieces of Legislation Boosting Transparency in State and Local Government

Legislation (S.1150-A/A.1228-A) Requires Documents to Be Discussed at Open Meetings to Be Made Available At Least 24 Hours Prior to Meeting

Legislation (S.4625-A/A.1442-B) Requires MTA to Publish its Data in Open Data Formats that Can Be Easily Accessed and Downloaded by the Public

 Governor Kathy Hochul today signed two pieces of legislation boosting transparency in state and local government. The first piece of legislation requires documents that are going to be discussed at open meetings to be made available on request or posted on the government's website at least 24 hours prior to the meeting. The second piece of legislation requires the MTA to publish its data in formats that are easily accessible and can be easily downloaded and used by the public.

"There's no excuse for keeping New Yorkers in the dark on the actions governments take to help their constituents, and we've been committed to greater transparency since Day One," Governor Hochul said. "These pieces of legislation will require important local government documents and MTA data to be properly available for constituents to read and utilize. New Yorkers should be informed about the work government does for them every day, but we have to make it easier for them to get that information."

Making Documents Available Prior to Open Meetings (S.1150-A/A.1228-A)

This legislation makes documents to be discussed at open meetings available to the public at least 24 hours in advance of the meeting. The Open Meetings Law is intended to empower the public through the accessibility of meetings of public bodies. The law requires them to make available to the public relevant documents, such as any proposed rule, regulation, or resolution. However, the current law only requires documents to be made available prior to meetings "as determined by the agency or department." This standard has resulted in some government bodies failing to make materials available in advance of meetings, reducing transparency. This legislation requires any proposed resolution, law, rule, regulation, policy, or amendment to be made available upon request and to be posted to the body's website at least 24 hours in advance of their discussion at an open meeting, giving the public access to these important documents in advance.

Requiring the MTA to Publish Data in Easily Accessible Formats (S.4625-A/A.1442-B)

This legislation requires the MTA to publish its data in open data formats, which can be easily accessed, downloaded and manipulated by the public. The MTA will have to designate a data coordinator and will have 180 days to publish as much of its data as is feasible and legal within three years. This bill codifies Executive Order No. 95 of 2013, "Using Technology to Promote Transparency, Improve Government Performance and Enhance Citizen Engagement", into law.

EDITOE's NOTE:

Twenty-Four Hours is not enough time for public

review. It should be 72 hours.

 

Alexandria Ocasio-Cortez - My tips on burnout

 

Earlier this week, I posted an AMA — Ask Me Anything — on Instagram, and received a question about burnout.

Burnout, especially in these times, seems to have become extremely common. When there is so much happening in the world around you and in your direct sphere of influence, it can be especially overwhelming. That’s why I wanted to share some of the tips I’ve learned here about recovering from and preventing burnout.

First off, if you’re feeling burnout — I’m sorry. Burnout is awful, and especially hard to manage because it’s hard to figure out that 1) you’re burnt out and 2) what to do about it. I’ve experienced burnout in both big and small episodes, and having been there and back a few times, here’s what I’ve learned:

1. It’s important to create healthy expectations and compassion for yourself when recovering from burnout. This sucks, but burnout can take a long time to recover from. In some cases it can take weeks, months, or even years — but don’t panic. No matter how burnt out you are, you can recover.

2. Burnout has a lot of contributing factors — it’s not just working long hours (though that can be a contributor). It’s much deeper than that. Think of your whole self as a cup. Participating in certain activities that are physically, mentally, spiritually, and emotionally demanding means that you’re pouring from your cup. These may be activities you choose and even love, but you’re still pouring from your cup to participate in them.

   A healthy balance is when you both fill and pour from your cup. When you do things you’ve always wanted to do, or that bring you joy and are just for you — you fill your cup. But when you’re obligated to fulfill mentally, physically, spiritually, or emotionally demanding work that crowds out any time or energy for you to do things that fill your cup, your cup runs dry — and that’s burnout.

   It can happen over months and years, or during shorter but highly traumatic periods. So what do you do?

Recovering and healing from burnout is really hard, because while you may be able to get some rest — rest alone won’t heal it. You need to start doing the opposite of what got you here: which means you’ve got a prescription for indulgence and strong boundaries.

1. For the indulgence piece, recovering from burnout is about replenishing your energy and carving out time for YOURSELF. You need to refill your energy bar — both physically and spiritually/mentally. If you’re physically exhausted, you need to spend time being a total potato in bed for hours and not feel guilty about it. But if you’re spiritually/mentally drained, then you need to write a list of things you selfishly want to do just for you.

   They could be small things like cooking a nice meal, getting your nails done, or playing hooky with a friend for a day, or big things like scratching off a bucket list item. And start prioritizing them. Put them on your schedule. Cancel other things so you can do these, because if you don’t start refilling your cup, things will only get worse. Filling your cup is your job now.

2. On boundaries, there’s a lot of stuff we do because we feel like we have to, even if we don't actually have to do it. Some of this “have to” comes from ourselves and the pressure we put on ourselves, but some of it also comes from other people who may use guilt to get things from you. Feeling guilty is intense, and it can feel much easier in the moment to pour from your cup in order to avoid guilt, so we just say “yes” to everything. Not anymore. Your standard for saying yes just got much higher. You need to delegate, cancel, and ask for help. Get those things off your calendar. You might upset some people, but that’s something you need to get used to.

   I say this for myself as well, because I get guilted into doing things too. It’s my theory that women and people of all genders who are raised and programmed to give, get burnt out more because we’re not taught to say “no.” People will always feel entitled to you and your time to either avoid pouring from their own cup or to fill theirs up. Sometimes they have no idea it’s your last drop. That’s why you need to learn to say “no.” If you continue to say “yes” and you betray yourself to pour more from your cup, eventually your body will say “no” for you — you could get sick or have an accident. Your health is more important.

   When you’re burnt out, you need to consciously be working to fill your cup more than you pour out. It can be hard, but you need to try to get to a 1-to-1 ratio. Here’s my advice: don’t think of work or other commitments as one big pour. We make lots of decisions at work or for our families. Start with microscopic decisions that reduce the pour. Does that meeting really need to be 30 minutes, or could 15 minutes or maybe an email suffice? If you don’t have a desk job and instead work shifts, can you start committing to an after-shift activity for yourself that’s not happy hour? Can a family member be doing more? Do your kids need you to do something for them, or have they gotten used to you doing something for them?

   Just start to ask these questions and assess. You need to be like the IRS in spiritually auditing the use of your time and energy. It may feel ruthless and selfish at first, but consider the alternative of potentially developing a chronic illness or a panic attack.

Also, no matter what you do, you always need to have something to look forward to. Having nothing to look forward to creates real despair. So schedule that haircut, book a yoga class, or put a “Do not disturb 8-9PM” on your door when you get home and just watercolor, journal, or whatever you want. You need scheduled things to look forward to. I found that when I’ve pre-planned time off, blocked it off on my calendar and scheduled around it, my life started to feel way more manageable. When I started to let that practice slip, it felt overwhelming again.

And make sure you communicate where you’re at with the people asking for things from you, so that they can understand and start to help you out.

Like I said, recovering from burnout may not be easy, but it is possible. Carve out that time for yourself and fill your cup. You can do this.

Take care,

Alexandria

MAYOR DE BLASIO NAMES ANDREW D’AMORA AS ACTING EMERGENCY MANAGEMENT COMMISSIONER

Deputy Commissioner for External Affairs Christina Farrell promoted to Acting First Deputy Commissioner

  Mayor Bill de Blasio today appointed Andrew D’Amora as the Acting Commissioner of New York City Emergency Management (NYCEM). Outgoing Commissioner John Scrivani, who has served in the role since March, will return home to Virginia at the end of October. D’Amora, a seven-year veteran of NYCEM, first served as the agency’s Chief of Staff for five years and has served as First Deputy Commissioner since 2019. 

“Andrew D’Amora has served this city with energy and vision, across multiple roles, and I know he will work tirelessly to keep our city safe and prepared,” said Mayor Bill de Blasio. “I’m grateful for John Scrivani for his service, and I look forward to working with Acting Commissioner D’Amora to move his agency forward.”

 

“I have been honored to work for the City of New York for more than three decades and at NYC Emergency Management since 2014. The women and men at this agency are among the most dedicated, hard-working people I have ever known and I am humbled to lead them through the end of the year,” said Andrew D’Amora.

 

“I am honored to fill the role of Acting First Deputy Commissioner. The work NYC Emergency Management does with its partners to help New Yorkers before, during and after emergencies is incredibly important, and we will continue to work tirelessly on behalf of all the city’s residents,” said Christina Farrell.

 

“Andy D’Amora is an experienced and battle-tested public servant. He will lead NYC Emergency Management with the same dedication that he has exhibited throughout his career. I thank Mayor de Blasio for the opportunity to lead the country’s premier emergency management agency. It has been a great privilege,” said outgoing NYCEM Commissioner John Scrivani.

 

Christina Farrell, a 27-year NYCEM veteran who has served as the agency’s Deputy Commissioner for External Affairs since 2008, will serve as Acting First Deputy Commissioner.

 

As NYCEM’s Chief of Staff, D’Amora managed the New York City deployment in support of the City of San Juan, Puerto Rico, during the aftermath of Hurricane Maria and coordinated the agency's response to events ranging from summer heat waves to building collapses. As First Deputy Commissioner, he has led NYC Emergency Management through a range of disasters, including Tropical Storm Isaias, the COVID-19 pandemic, and snowstorms.

 

D'Amora joined the New York City Police Department in 1990 and holds the rank of Deputy Chief. He has served in several commands throughout the five boroughs. Prior to joining NYC Emergency Management, D'Amora coordinated the NYPD's response to large-scale events like New Year's Eve in Times Square and Hurricanes Irene and Sandy as the Commanding Officer of the Operations Division.

 

D'Amora holds a Master of Science in protection management with a concentration in emergency management from John Jay College and a Bachelor of Science degree in organizational management from St. Joseph's College. He is also a graduate of the Executive Leaders Program at the Naval Postgraduate School in Monterey, California, and a graduate of the Police Management Institute at Columbia University.

74 Day and Counting

 

I hope I don't fall asleep with these pesky reporters asking me the same questions day after day. Today one Pesky reporter asked me if my poor showing in the polls will make up my mind not to enter the race for Governor next year. 

My answer to that pesky reporter was that I have not always done well in the polls, and I did not do well in the mayoral polls, but I won that race where I was doing poorly in the polls. I think that I have a very good chance to be the next governor, and the current governor's inexperience in running a government will be her downfall. Next Question.

Councilman Mark Gjonaj Shred-It Days October - November

 

We are glad to announce our Community Shred Days in District 13 between October 23rd and November 20th. Please share with family and neighbors!

Governor Hochul Announces New COVID-19 Data Hub Website to Expand Public Access, Centralize Information and Improve the User Experience

 

New Website Offers Single COVID-19 Data Access Page 

Expands Availability of Data on Health Data NY, Allowing Users to Access Health Information in Downloadable Formats Such as Excel 

 Governor Kathy Hochul today announced the launch of a new centralized website for New York State COVID-19 data. This website includes new data as well as a reorganization of previously released data to make it easier for the public to access, read and understand. In addition, more COVID-19 data is now being made available on Health Data NY.

"Providing new data about COVID-19 to the public and making existing data easier to access and understand is yet another step we are taking towards more transparency," Governor Hochul said. "We will continue to do everything we can to share the latest information with New Yorkers, especially during this unprecedented pandemic." 

The new website marks the creation of a single landing page for COVID-19 dashboards that is easy to access, rather than having to navigate different dashboards on different platforms. The new data homepage links to 16 key data pages organized into five major categories. In addition, the Department of Health retooled several dashboards that were created early in the pandemic to provide information in a manner that is easier to understand and more relevant to current needs.  

SUMMARY OF DASHBOARD UPDATE

On the new COVID-19 Testing Dashboard:

• The map of cumulative cases has been replaced with two new options - Cases per 100k, 7-day avg and Test % Positive, 7-day avg. This scales the information appropriately and makes it easier to compare counties. The county cumulative tested number has been moved and can now be found when clicking a specific county for more details. Other information has been reorganized to put recent data before cumulative data, and labels have been changed slightly for clarity.
• The "table view" information is now available on the map and the "Positive tests over time, by region and county" page. While the county's cumulative positivity rate has been removed, it can still be obtained by calculating the cumulative positive / cumulative tested, which is available in the map view.  
• The "daily trends" graph is now available in the "Positive tests over time, by region and county" dashboard. In addition, the "Percentage Positive Results by County" Dashboard and "Percentage Positive Results by Region" Dashboard have been combined into one dashboard showing this information at both the regional and county level. The fatalities previously linked via the button on the bottom right of the COVID-19 Dashboard are now listed on their own page.  
• On the Fatalities page, the same data that was previously available is now spread out on the page for improved readability. In addition, the nursing home and adult care facility fatality PDFs have now been consolidated under the long-term care fatalities section.

The COVID-19 Early Warning Monitoring Dashboard has been removed as it was built to support regional reopening metrics that are no longer relevant. Cases per 100k is available on the COVID-19 Testing Dashboard, and detailed hospitalization information is now available on Health Data NY.

SUMMARY OF DATASET UPDATES

In addition to the dashboards, additional datasets are now available on Health Data NY, a public database that allows users to access health information in multiple downloadable formats such as Excel. Health Data NY now includes additional self-reported data from the COVID-19 School Report Card, nursing home and adult care facility fatality data, and hospital admissions by gender and zip code, as well as hospital capacity and staff vaccination numbers. 

Full list of additions to Health Data NY:  

• Schools: All four datasets include the number of positive students, teachers and staff reported daily by each individual school and the number of screening and diagnostic tests performed at each school.     
  • New York State Statewide School COVID-19 Report Card BOCES data; 2021-2022 
  • New York State Statewide School COVID-19 Report Card Private school data; 2021-2022 
  • New York State Statewide School COVID-19 Report Card Charter school data; 2021-2022 
  • New York State Statewide School COVID-19 Report Card Public school data; 2021-2022 
• Nursing Homes/ACFs: The cumulative number of nursing home confirmed COVID-19 and presumed COVID-19 fatalities available along with the number of confirmed out of facility fatalities available - the same as the nursing home PDF that's made available on the public site  
  • New York State Statewide COVID-19 Nursing Home and Adult Care Facility Fatalities. 
• Vaccine Completion: The cumulative daily number of first vaccine doses and vaccine series completion available by county 
  • New York State Statewide COVID-19 Vaccination Data by County 
• Hospitals:   
  •  Hospital Electronic Response Data System (HERDS) Hospital Survey COVID-19 Admissions by Gender - Statewide by day 
  • Hospital Electronic Response Data System (HERDS) Hospital Survey COVID-19 Admissions by Zip Code - Statewide by day 
  • Hospital Electronic Response Data System (HERDS) Hospital Survey COVID-19 Hospitalizations and Beds - Daily by Facility since 3/26/2020: 
    • Patients Currently Hospitalized, Newly admitted, positive after admission, discharged, currently in ICU, in ICU and intubated, expired, cumulative discharges, cumulative fatalities
    • Total staffed beds/beds available/beds occupied, total staffed ICU beds/beds available/beds occupied
    • Total new admissions reported and current admission by age group 
  • Hospital Staff vaccinated - total number of employees, number partially and fully vaccinated